St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1887-03-22

track. except in special cases where the inter-
est of the public does not demand 1t, and such
cases shall be determined by the railroad and
warehouse commissioners.
SEC p All railway companies doing business
in this state shall receive and transport
freight such route CT routes as the shipper
shall direct at reasonable rates Carload lots
shall be transferred without unloading from the
cars in which the shipments were first made
unless transferred INTO or upon the connect
Ing railways cars at actual cost and without
unreasonable delay to the shipper.
SEC. ,. When the route selected requires the
nse OF the tracks of more than one railway conf
pRny, the rate Of transportation for the entire
distance shall not exceed the rate for an eQual
distance over the tracks of single company en-
cept the addiuoE of Il reasonable rate of trans
fer. Where the different railroad companies
cannot agree upon the division of the earnings
arising under this act, the board OF railroad
and warehouse commissioners shall adjust the
same, taking into consideration the value o.
terminal facilities and all the circumstances Of
the haul, but in no case shall the aggregate cost
to the shipper be increased; bu5 where the sew
eral railway companies making up the through
route have different Schedules of rates over their
respective lines, the through rate shall be based
Rpon the average of the schedule OF rates on
sheir respective lines.
SEC. /. ANY railway company willfuly and
maliciously refusing or neglectng to comply
with the provisions of this act shall b. fined not
less than five hundred $500 dollars nor
more than one thousand $4,000 dollars
for the first offense and not less than one thou
sand dollars (T1 900 for the second offense,
SEC. .. Whenever any railway company shall
violate the provisions OF this act 1t shall be the
duty OF The county attorney III whose county
snch otfense is committed to institute pro-
ceediugs against the offending company in The
district court. in the name and at the expense
of the state, TO enforce The provisions and PEN
alueS of this act.
SEC 6 Any railway official who willfully or
maliciously refuses neglects to comply with
the provisions of this act shall be deemed guilty
Of mIsdemeanor, ana upon conviction shall be
fined not less than one thousand $1,000 dol
lars.
SEC. :. Whenever the provisions of section
six t6l OF this act are violated. proceedings
against the offender NAV be instituted upon in
formation bv The county attorney or by lndict-
menr of The grand jury in the county where the
offenSe is committed.
SEC. s. All fines accruing from the enforce
ment of this act shall be covered into the state
treasury for the benefit of the school fund.
SEC. 9. This act shall take effect and its
provisions shall be in force on and after the first
day of Jun. 1897.
Approved March 9th, 1887.
AN ACT to reimburse settlers for money ex-
pended in defending suits brought by railroad
companies against persons claiming lands en-
bTaced in the REIMBURSEMENT made i'll pursu-
ance OF section 10, chapter TWO hundred ana
one t2Ol}, Special Laws of One thousand eight
hundred and Seventy-seven.
Be IL enacted by the Legislature of the State of
Minnesota:
SECTION l. That the sum of one thousand
dollars, or so much thereof lis may be necessary,
Is nerSDy appropriated our OF any money III the
State Treasury properly applicable thereto and
not otherwise appropriated, to reimburse settlers
for money expended for counsel fees in defend
ing suits brought by any railroad company
against such settlers claiming lands embraced
in the REIMBURSEMENT made in pursuance OF
section ten Of chapter two hundred and one Of the
Special Laws for The year one thousand eight
hundred and seventy-Seven the same to be paid
upOa the following conditions. The settler seek
ing to recover such money shall file in the office
of the state auditor statement, showing the
date OF such suit. the description of the lands
embraced in SAID action and detailed state
ment of the money paid out as counsel fees in
making such defense. together with Il statement
of the proceedings had IL such action. all OF
which shall be verified by the affidavit OF the
file with such statement certificate of the
clerk of the court in which such action was
tried, the certificate of one Of the land officers
before whom said suit tried, il tried before
any land office, of The tendency of said action
and the disposition OF the same, and shall also
file with said statement the affidavit of the per-
son TO whom such counsel fees were paid that
the amount claimed to have been paid was act
tually received by such counsel. Such state
inen5 shall be examined by the auditor, who
shall reject in whole or in part any item in such
statement which shall appear excessive or un-
reasonable.
SEC >. Provided nothing in this act shall be
so construed as TO apply to any action brought
since the passage of chapter one hundred and
Seventy-siX Of the General Laws for the year one
thousand eight hundred and eightytive.
SEC. ). This act shall take effect and be in
force from and after its passage.
Approved March 3D. 1887.